Which laws passed during the 2017 Washington State Legislative session impact the Superior Courts and Juvenile Department, and what are those impacts?


A number of bills passed during the 2017 legislative session that impact the Superior Courts or Juvenile Departments.


This answer contains:

  • The Bill number and a link to the complete text of the bill from the Washington State Legislature's Web site.
  • A brief summary of the changes or additions created by the bill.
  • Court Action/Court Impact/Court Awareness section addresses the specific system, code, law table, or form changes due to the bill. Also provided are the related links to updated documentation in the online manuals and links to eService Answers with additional information or instructions related to the bill, if applicable.
  • Effective date of the law.
  • The answer may be updated as additional information becomes available. Updated items will be documented with *** and the Court Impact or Court Awareness item will be highlighted.
  • Select the bill name in the table of contents below to advance directly to the details for the bill. Click the "Return to Top" link at the bottom of any bill section to return to the top of this answer.
  • Support documents are available at the end of the document.

TABLE OF CONTENTS

SHB 1079 - Creating a Criminal No-Contact Order for Human Trafficking and Promoting Prostitution-related offenses.

  • Bill # 1079
  • Summary - Creates a No-Contact Order in criminal proceedings for human trafficking under Chapter 9A.40 RCW and promoting prostitution under Chapter 9A.88 RCW.
  • Court Impact -
    • The Pattern Forms Committee has developed a multi-purpose no-contact order for use in criminal cases regarding human trafficking or promoting prostitution. The order is available on the Court Forms page.
    • An Order Code has been created: HTP - Human Trafficking/Promoting Prostitution NCO and is available for use.
  • Effective - 7/23/2017

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  HB 1140 - Judicial Stabilization Trust Account

  • Bill # 1140
  • Summary - This bill amends RCWs 3.62.060, 36.18.018, and 36.18.020 to change the sunset date of the JST fee from July 1, 2017 to July 1, 2021.
  • Court awareness - There are no changes in JIS, JRS, or Odyssey due to the passing of this bill.
  • Effective - 7/1/17

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ESHB 1153 - Vulnerable Persons - Crimes

  • Bill # 1153
  • Summary - This bill creates the new crimes of Theft from a Vulnerable Adult, and categorizes Criminal Mistreatment and Theft from a Vulnerable Adult as crimes against persons. It also encourages counties to develop written protocols for handling criminal cases involving vulnerable adults, and outlines requirements for vulnerable adult advocacy teams.
  • Court Awareness - Creation of new felony crimes against vulnerable adults: Theft Vulnerable Adult 1st Degree and Theft Vulnerable Adult 2nd Degree. Courts should also be aware that vulnerable adult advocacy programs will potentially be created for future referral. 
  • The list of law table changes can be found attached to the bottom of this answer.
  • Effective - 7/23/2017

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E2SHB 1163 - Assault 4th Degree DV with Priors

  • Bill #  1163
  • Summary - This bill makes a fourth Assault 4th DV charge a Class C Felony if there are two subsequent adult convictions specified in the bill, within the last 10 years.
  • Court Knowledge-
    • New Domestic Violence Definition of Family or Household Member under 9A.36.041(4). If 9A.36.041(4) is inlcuded in the charge, the charge should be marked as DV- Yes.
    • New Felony charge of 9A.36.041(3) will always be marked as DV- Yes.

The existing Assault 4th degree laws will be removed from the law table and two new laws, one Class C Felony and one Gross Misdemeanor will be added to the law table.

Removed:

  • RCW 9A.36.041 - Assault 4th Degree
  • RCW 9A.36.041(1) - Assault 4th Degree


Added:

  • RCW 9A.36.041(2) - Assault 4th Degree - Gross Misdemeanor
  • RCW 9A.36.041(3) - Assault 4th Degree DV Priors - Class C Felony
  • RCW 9A.36.041(4) Assault 4th Degree DV Definition Family or Household Member- Definition
  • The list of law table changes can be found attached to the bottom of this answer.
  • Effective - 7/23/2017

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 2SHB 1170 - Truancy Reduction Efforts

  • Bill # 1170
  • Summary - This bill changes the requirements for schools to conduct truancy conferences. Conferences are now required after the third unexcused absence in a month, instead of the second unexcused absence. Requires the school to take special data-informed steps for children with existing IEP or 504 plans after the second and before the fifth unexcused absence, creates specific conditions the court can impose for a child's noncompliance with a court order and adds a definition for unexcused absences for alternative learning experience programs.
  • Court Awareness - Removes multi-systemic therapy and aggressive replacement training as options for community truancy boards. Truancy Report information may be requested by the Office of the Superintendent of Public Instruction instead of school districts.
  • Effective - 7/23/2017

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 SHB 1200 - Voyeurism

  • Bill # 1200
  • Summary - This bill converts the existing crime of Voyeurism to Voyeurism in the first degree and creates the crime of Voyeurism in the second degree.
  • Court Knowledge - A new Class C Felony for Voyeurism in the first degree and a new Gross Misdemeanor for Voyeurism in the second degree will be added to the law table. Juvenile offenders charged with their first Gross Misdemeanor for Voyeurism 2nd degree are required to be diverted, unless they have had two previous diversions for other offenses, in the prior two years.
  • The list of law table changes can be found attached to the bottom of this answer.
  • Effective - 7/23/2017

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 HB 1401 - Child Welfare - Guardian Ad Litems and Court Appointed Special Advocates - Removal

  • Bill # 1401
  • Summary - This bill amends RCW 13.34.100 to require the court to remove any court-appointed special advocate or volunteer guardian ad litem from their county's registry when notified that the they have been removed from another county's registry for specific reasons.
  • Court Action - Upon notification that a court-appointed special advocate or volunteer guardian ad litem has been removed as a guardian ad litem from another county's registry, the notified court shall remove the person from their own county registry, pursuant to the disposition of a grievance. Additionally, the court shall remove a court-appointed special advocate or volunteer guardian ad litem from their county's registry if the court has been made aware that the individual was found by a court to have made a materially false statement that they know to be false, during an official proceeding and under oath.
  • Effective - 7/23/2017

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2SHB 1402 - Concerning the Rights and Obligations Associated with Incapacitated Persons and Other Vulnerable Adults

  • Bill # 1402
  • Summary - This bill requires that incapacitated persons retain the right to associate with persons of their choosing and to freely communicate and interact with other persons unless restricted by order of the guardianship, a protection order, or immediate need as determined by guardian or limited guardian. Additional duties of a guardian for an incapacitated person are added to Chapter 11.92 RCW. RCW 74.34.020 is updated to add the definition of Isolate and Isolation. RCW 11.92.043 is amended to include additional requirements for filing a petition with the Superior Court.
  • Court Knowledge - A guardian or limited guardian that has good cause to believe there is an immediate need to restrict an incapacitated person's right to associate with persons of their choosing must file a petition for a protection order under chapter 74.34 RCW within fourteen calendar days. When issuing such a protection order, the court must include written findings of fact and conclusions of law, not be more restrictive than necessary, and may not deny association unless the court makes specific findings.
  • Court Awareness - No new forms have been created but the following forms have been updated and are available on the Court Forms page:
    • Vulnerable Adult Protection Order Forms:
      • Petition for Vulnerable Adult Order for Protection
      • Temporary Order for Protection and Notice of Hearing - Vulnerable Adult
      • Order for Protection - Vulnerable Adult
  • Incapacitated Persons/Rights/Guardian Duties:
    • Petition for Guardianship of Person and/or Estate
    • Order Appointing Guarding
    • Motion to Modify/Terminate Guardianship
    • Order on Guardianship Compliant or Motion
      Guardian's Report, Accounting, Proposed Budget
  • Effective - 7/23/2017

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SHB 1501 - Denied Firearm Transactions

  • Bill # 1501
  • Summary - This bill creates one new violation for failure to report a denial of an application to purchase a firearm under Chapter 9.41 RCW.
  • Court Knowledge - A new misdemeanor of Firearms Dealer Fail to Report to Denial of Application will be added to the law table.
  • The list of law table changes can be found attached to the bottom of this answer.
  • Effective: 7/23/2017

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SHB 1543- Sexual Assault/ Parental Rights

  • Bill # 1543
  • Summary - The bill changes the parental rights and responsibilities of sexual assault perpetrators and survivors.
  • Court Awareness - The court shall not enter an order allowing a parent to have contact with a child if that parent was found to have committed sexual assault against the child's other parent.  If at the fact-finding hearing or bench trial, there is a finding that there was a sexual assault, the court must enter an order that the parent that committed the assault is NOT a parent if requested by the other parent.  The non-parent is required to provide any relief requested by the legal parent/guardian that is in the best interest of the child.  Additionally, the non-parent has no right to allocation of parental rights, including residential time or decision-making, no right to inheritance from the child, and no right to notification of or objection to adoption of the child.  The birth certificate may also be ordered amended to match the court's order if requested.
  • Court Impact - The existing Parentage (PAT) Cause of Action should be used on these filings.  If the legal parent/guardian declines child support and an order is entered agreeing to no child support, the court shall forward a copy of the order to the WA State Support Registry.
  • Court Action - The following codes were approved by the JIS Codes Committee and are available:
    • Docket Codes:
      • SAA - Sexual Assault Allegation
      • RSPSAA - Response to Sexual Assault Allegation
      • OSAFFH - Order after Sexual Assaults' Fact Finding Hearing
      • PTDPSA - Petition to Disestablish Parentage Sexual Assault *
      • JODPSA - Judgment and Order Disestablishing Parentage Sexual Assault *


* Codes will only be in effect until 7/23/2019 as there is a time bar for raising a sexual assault allegation. For presumed parents, acknowledged parents, and adjudicated parents who cases are too late to bring the Sexual Assault allegation at the time the law goes into effect, the court may waive the time bar for two years.

  • Effective - 7/23/2017

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E2SHB 1614 - Impaired Driving

  • Bill # 1614
  • Summary - The bill amends the impaired driving laws in an effort to combat the crime of driving under the influence and to promote safety for all persons using the public roadways.
  • Court Awareness - Officers must arrest/book a person on the probable cause of DUI or Physical Control if that person is charged with or awaiting an arraignment on any offense that would be considered a prior offense if it were a conviction.
  • Court Impact - Courts may consider home monitoring or a 24/7 sobriety program in lieu of the mandatory minimum term of imprisonment and EHM, based on BAC levels and prior offenses.  Pre-trial 24/7 sobriety program time may also be considered for credit for time served.  The DUI Sentencing Worksheet is currently being modified; this answer will be updated when the new version is available.
  • Court Action - The DUS Conviction Fee has been increased from $200 to $250.
    • AR Type Code DUS - DUI-Additional Fee has been updated to reflect the change.
    • The DCXT Worksheet and Report has been updated.
    • Courts should review the DCXT worksheet for new BARS Codes that should be entered into JIS.
  • Effective - 7/23/2017

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2ESHB 1661 - Child, Youth, and Families Department

  • Bill # 1661
  • Summary- This bill revises the laws related to DSHS, creating the Department of Child, Youth, and Families (DCYF).
  • Court Knowledge - No court processes change with this bill. The Pattern Forms Committee will be updating the forms for the appropriate case types, changing DSHS to DCYF by July 1, 2018. Notification will be sent to the courts when the pattern forms have been posted.
  • Effective - 10/19/2017* (Some sections have different effective dates)

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EHB 1728 - Child Sex Exploit/Subpoenas

  • Bill # 1728
  • Summary - This bill provides that in an investigation involving the sexual exploitation of children, the prosecuting attorney must use the special inquiry judge process when it is necessary to subpoena a provider of electronic communication services or remote computing services for investigative purposes. It also prohibits the provider from disclosing the existence of a subpoena to the subscribers or customers whose records or information are requested.
  • Court Awareness - Upon the petition of the prosecuting attorney, the court is required to establish a special inquiry judge proceeding, if appropriate, within 72 hours of the filing.
  • Effective - 7/23/2017

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SHB 1813 - DOL's Address of Record

  • Bill # 1813
  • Summary - This bill allows the Washington State Department of Licensing to combine the address records for Vehicle Registrations, Vessel Registrations, and Drivers' Records as part of implementing their new program, DRIVES.
  • Court Knowledge - The implementation of the new DRIVES program will require changes to the display of the Abstract of Driving Record (ADR) in JIS and Odyssey beginning in the Fall of 2018. Additional updates will be provided to the courts as the project is closer to implementation. 
  • Effective - 7/23/2017

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ESHB 1814 - DSHS Notification and Service on Indian Child Welfare Cases

  • Bill # 1814
  • Summary - This bill revises the laws related to notifications required from DSHS on Indian Child Placement and Termination Cases.
  • Court Knowledge - No court processes change with this bill. The pattern forms committee has updated the forms for the appropriate case types.
  • Effective 7/23/2017

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SHB 1988 - Vulnerable Youth Guardianship Program

  • Bill # 1988
  • Summary - A new chapter has been added to Title 13 RCW, creating superior court jurisdiction to make determinations related to a Vulnerable Youth Guardianship Program which provides a petition process and allows the court to appoint a guardian for a vulnerable youth from 18-21 who is not participating in extended foster care services under RCW 74.13.031.
  • Court Awareness - A set of pattern forms have been reviewed and approved by the Pattern Forms Committee and will be available on the effective date.  The forms include: Petition; Declaration of the Proposed Vulnerable Youth Guardian; Criminal History Record; Findings and Conclusions re: Petition for Order Appointing Vulnerable Youth Guardian; Order on Petition to Appoint Vulnerable Youth Guardian; Order on Motion to Terminate/Modify the Vulnerable Youth Guardian; Order on Review Hearing for Vulnerable Youth Guardianship.
    • The Pattern Forms are available on the Court Forms page.
    • Court Action -The following codes were approved by the JIS Codes Committee and are available:
    • Cause Code: VYG - Vulnerable Youth Guardianship.

      Note: This information applies to JIS/SCOMIS/Odyssey - Case initiation requires two (2) connection codes. The DEP (Dependent) and INV (Involved Party) for State of Washington in the VYG cause code/case type. No referral is required for this cause code/case type.
    • Docket Code: ORAPVYG - Order on Petition to Appoint Vulnerable Youth Guardian.
  • Effective - 7/23/2017

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SB 5037 - Making a Fourth Driving Under the Influence Offense a Felony

  • Bill # 5037
  • Summary - A person may be charged with felony DUI or Physical Control if the person's criminal record includes three or more prior offenses, instead of four or more, within ten years.
  • Court Awareness - A felony DUI is ranked at Level IV, instead of Level V, on the felony sentence grid, which means that a person with three prior DUI or Physical Control offenses and no other criminal history would be subject to a standard sentencing range of 13 to 17 months incarceration.

     Prior offenses include convictions for:
    • DUI or Physical Control;
    • Vehicular homicide and vehicular assault if either was committed while under the influence;
    • Negligent driving after having consumed alcohol (wet neg), and reckless endangerment, if the original charge was DUI, Physical Control, vehicular homicide, or vehicular assault; and
    • An equivalent local DUI or Physical Control ordinance or out-of-state DUI law.
  • Court Impact - The amendments to the CrRLJ 4.2(g) statement of plea of guilty and "DUI" attachment have been made and should be available by the effective date.
  • Effective - 7/23/2017

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SSB 5081 - Revised Uniform Law on Notarial Acts

  • Bill # 5081
  • Summary - This bill revises the laws related to notary public.
  • Court Knowledge - RCW 42.44.160 was repealed and an existing Misdemeanor will be end dated effective July 1, 2018.
  • The list of law table changes can be found attached to the bottom of this answer.
  • Effective - 7/1/2018

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ESSB 5131 - Cannabis

  • Bill # 5131
  • Summary - Concerning marijuana with respect to privileges for research licenses, local authority notifications, the retail licensing merit-based application process, certain transfers of plants and seeds, licensing agreements and contracts, advertising, and jurisdictional requirements.
  • Court Awareness - The existing violation Under 21 year old in possession of marijuana Class C felony under RCW 46.50.4013(4) is renumbered to RCW 46.50.4013(5).
  • The list of law table changes can be found attached to the bottom of this answer.
  • Effective - 7/23/2017

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ESSB 5256 - Sexual Assault Protection Order

  • Bill # 5256
  • Summary - Bill addresses the duration of sexual assault protection orders, and sets forth the criteria for the motion/order for renewal process. 
  • Court Awareness -  Currently, final sexual assault protection orders are eligible to be granted only for a 2-year period.   This bill amends RCW 7.90.120 to allow a final sexual assault protection order to be permanent. 
  • Court Impact - Sexual assault protection Order Codes SXP and MSP can now be added into the Judicial Information System (JIS) with any date, up to the high date of 12/31/2099.  Orders deemed "permanent" should use the high date of 12/31/2099. See eService Answer 175 - Expiration date on permanent orders for more information.
  • Effective - 7/23/2017

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SSB 5277 - Disqualification of Judges

  • Bill # 5277
  • Summary - This bill amends RCW 4.12.040 and 4.12.050 regarding disqualification of judges pursuant to RCW 4.12.050.
  • Court Awareness - Notice of disqualification must be filed and called to the attention of the judge before the judge has made any discretionary ruling in the case.  In counties with only one resident judge, the notice of disqualification must be filed not later than the day on which the case is called to be set for trial.  A judge who has been disqualified under this section may decide such issues as the parties agree in writing or on the record in open court.  No party or attorney is permitted to disqualify more than one judge in any matter under RCW 4.12.040.
  • Effective - 7/23/2017

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SSB 5327 - Clarifying the Duties of Court Clerks

  • Bill # 5327
  • Summary - County clerks must keep minutes of court proceedings instead of a journal of court proceedings.  The clerk of the court is no longer required to forward monthly residential time summary reports to the Division of Child Support (DCS).  The DCS is no longer required to complete and transmit information in the residential time summary reports to the AOC.  The AOC is no longer required to annually report the complied information.
  • Court Awareness -  The requirement of the clerk to forward the residential time summary report to the Division of Child Support monthly is removed from RCW 26.09.231.  The residential time summary report shall still be filed with the court.
  • Effective - 7/23/2017

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SSB 5336 - Damaging, Destroying, Tampering, or Removing Ballot Return Boxes or Contents

  • Bill # 5336
  • Summary - This bill creates crimes for ballot deposit box damage, destruction, or removal as well as removal of ballots from a polling place.
  • Court Knowledge - Two new felonies were added to RCW 9A48.080 and one existing gross misdemeanor was changed to a felony under RCW 29A84.540:
    • New Class B Felony - Malicious Mischief 1st Degree - Remove Ballot Box
    • New Class C Felony - Malicious Mischief 2nd Degree - Remove Ballot Box
    • Gross Misdemeanor increased to Class C Felony - Remove Ballot from Voting Center
  • Effective - 7/23/2017

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ESSB 5388 - Unauthorized Persons Removal

  • Bill # 5388
  • Summary - Bill allows law enforcement to remove person or persons, or order person or persons to remain off premises or be arrested, upon the receipt of a declaration signed under penalty of perjury from a property owner or authorized agent.  All persons removed from premises on the basis of a false statement by declarant shall have a cause of action to recover full amount of damages, costs and reasonable attorney fees.
  • Court Awareness - A cause of action may be filed based on false declarations of property owners against declarants. Courts should use the existing MSC - Miscellaneous Cause of Action code. 
  • Effective - 07/23/2017

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SB 5635 - Retail Theft with Special Circumstances

  • Bill # 5635
  • Summary - This bill adds additional language to the "special circumstances" that are aggravating circumstances in relation to charges of retail theft. Allows series of thefts committed over a period of 180 days in different counties or the same county to be aggregated into one count with the sum of all property used as the degree of retail theft.
  • Court Knowledge - A new Definition of Six Accomplices/Electronic Communication Participate in Theft will be added to the law table.
  • The list of law table changes can be found attached to the bottom of this answer.
  • Effective - 7/23/2017

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SB 5691 - Less Restrictive Alternative to Guardianships

  • Bill # 5691
  • Summary - The bill allows a Guardianship to be modified or terminated when a less restrictive alternative, such as power of attorney or trust, will adequately provide the needs of the incapacitated person. 
  • Court Knowledge - Two of the existing Guardianship forms, GDN 08_0300 - Motion/Declaration to Modify or Terminate Guardianship or Replace a Guardian & GDN 08_0400 - Order on a Guardianship Complaint or Motion, have been modified by the pattern forms committee to allow for the new modification or termination due to less restrictive alternatives.
    • The Pattern Forms are available on the Court Forms page.
  • Court Impact - Two new Docket Codes were approved by the JIS Codes Committee a guardianship is either modified or terminated due to an less restrictive alternative being available and are available:
  • ORTGL - Order Terminating Guardianship - LRA
  • ORMGL - Order Modifying Guardianship - LRA
  • Effective - 7/23/2017

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SB 5813 - Concerning crimes against minors

  • Bill # 5813
  • Summary - This bill increases the degree of three offenses that are crimes against minors.
  • Court Knowledge - Three laws are changed from a Class C Felony to a Class B Felony:
    • Second Degree Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct
    • Second Degree Dealing in Depictions of a Minor Engaged in Sexually Explicit Conduct
    • Second Degree Sending or Bringing into the State Depictions of a Minor Engaged in Sexually Explicit Conduct
    • The list of law table changes can be found attached to the bottom of this answer.
  • Effective - 7/23/2017

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RN id: 2466